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[Where] published the text of the law amending the Law Foundation of Martyrs

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Rocky


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[Where] published the text of the law amending the Law Foundation of Martyrs




2015/11/21


publishes agency all of Iraq [where] the text of the law amending the Martyrs Foundation Law and passed by the House of Representatives in its meeting on Saturday.
According to the text of the law: name of the people, President of the Republic, based on what was approved by the House of Representatives and approved by the President of the Republic and based on "the the provisions of subsection [first] of article [61] and item [III] of article [73] of the Constitution, issued the following law:

No. [] To the 2015
martyrs Corporation Law
Chapter One
Definitions
Article 1
the following terms for the purposes of this Act the meanings set forth towards them:
First: - Martyr: it is both:
A - Iraqi citizens or any other person resident in Iraq sacrificed his life or loss of aa direct result of the commission of the defunct Baath party any of his crimes, including the death penalty or imprisonment, torture or Ntejthma or genocide or chemical or crimes against humanity or physical liquidations or forced displacement or buried or found in the collective or a fugitive from military service graves weapons; and because of his opposition to the system of opinion or belief or political affiliation or sympathy with opponents or assist them.
(B) Iraqi citizen who gave his life as a result met to call home supreme religious authority and his involvement in the popular crowd and all the factions and armed brigades and the sons of the tribes and Awakening registered in the form of the popular crowd of 11 / 6/2014 are subject to the provisions of this law in respect of all rights and privileges.
c. Iraqi citizen of the Peshmerga forces or belonged to it from those who fought [organization Daash terrorist] shall be subject to the provisions of the Ministry of Martyrs and Anfal in respect of all the rights and privileges Act
II - those with the martyr: -
(a) the parents and children.
(B) the husband and wives if they were non-Iraqi
T. - brothers and sisters.
w - the children of the Son and of the children of the girl Chapter II of incorporation, objectives and Syriacs article 2 A commission named [Martyrs Foundation] attached to the Council of Ministers and enjoys moral personality represented by President of the Foundation or his nominee and be based in the city of Baghdad with Article 3 of this law aims to the following: - First - provide care and support to the families of the martyrs and compensate them financially and morally commensurate with the sacrifices of the martyrs and their families and to achieve economic and social welfare for them. Second, provide employment opportunities and appropriate study of the families of the martyrs and in proportion to their efficiency and give them priority in them. Thirdly - to provide programs and facilities and assistance for people with Martyrs in the legal, economic, social, financial, health, educational, cultural and other fields. Fourthly glorification of martyrdom and sacrifice and redemption values ​​in society through the following: - a stay of cultural, artistic and media events. b memorials, museums, naming public facilities of the state of their names. C- oblige all ministries and departments affiliated and bodies and institutions is related to the Ministry to issue instructions to facilitate the procedures and transactions of people with the martyrs V. highlight the sacrifices of the martyrs and the suffering of their families and expose violations and crimes committed against them through the activities and events of variety. Sixth definition of national, regional and international bodies sacrifices made by the martyrs and the injustice done to them and their families and the issuance of a decision of the UN to criminalize the Baath Party. Seventh - development investment enterprise resources to be revenue of the institution itself for the purpose of providing assistance and facilities for the families of the martyrs. Article 4 provisions of this Act shall apply to the following cases: First: - cases of martyrdom for the period from 8/2 / 1963 until 11/18/1963 with the exception of the executed for crimes unrelated to the killing of his opposition to the Baath Party of the former. Second: - The cases of martyrdom for the period from 17/7/1968 until 04/08/2003. Third: - Cases cited for participants People in the crowd of 06/11/2014 As stated in the first article [b]. Fourth: - the provisions of this Act shall apply to the cases cited by the popular crowd and the Peshmerga from the date of 06.11.2014. Article 5 first -No longer covered by the provisions of This law of his death was due to internal qualifiers partisan or authoritarian or personal differences for those who had worked with the defunct Baath Party in the organs of repression [of public security, intelligence, private security, the special protections, national security, military security, Fedayeen Saddam, military intelligence and formations repressive Other] or helpful to them or covered by the accountability and justice law. Second, not one of the families of the martyrs for the purposes of this law, all of the work with the repressive organs of the Baath Party of the former [public security, intelligence, private security, the special protections, national security, military security , Fedayeen Saddam, military intelligence and other repressive formations or terrorist gangs and any other named terrorist or helpful to them or was the cause of the death of the martyr or covered by the law of accountability and justice and anti-terrorism law. Thirdly prove incident certificate covered by the provisions of this law official documents In case they do not exist so they can be recognized in ways other legal evidence before the committee to consider the families of the martyrs or court orders the beginning in accordance with the provisions of Article 9 of the Act. Fourth: - families of the martyrs of children and minors detainees and prisoners with longer or because their families of the martyrs by virtue of political prisoner. Chapter III President of the Foundation Article 6 First President of the Foundation: - is the supreme head of the institution in charge of the management and implementation of its policies, functions and have a private degree and shall be appointed in accordance with the law and may authorize some of his duties to his deputy, or any of the directors-general. Second, the institution of the President of deputies rank of director general appointed according to the law and to replace the President in his absence the fourth quarter administrative formations Article 7 Foundation consist of the following: - First - Office of Inspector General and the exercise of its functions in accordance with law. Secondly - the martyrs of the circle of victims of the Baath Party crimes. Thirdly - the martyrs of the popular crowd circle. IV Circle the martyrs of the victims of military operations. V - Administrative and Financial Department. VI - Legal Department. Seventh - Department of Economy and Investment and Management Foundation funds and enjoys legal personality and financial and administrative independence. VIII - Affairs Department and the protection of mass graves. IX - the Department of Public Relations and Media and documentation of the Baath Party crimes. X. - control and audit department. eleventh Contracts Section. twelfth institution branches in the provinces and territories level Directorate includes sections circuits mentioned in items [II] and [III] and [IV] of this article. thirteenth - President of the Foundation Office. Article 8 first runs configurations set forth in items [II] and [III] and [IV] of article [7] of this employee law entitled the year holds director of a college degree primarily in the least, and be experienced and competent shall be appointed in accordance with law. Secondly manages the configurations set forth in items [V] and [VI] and [VII] of article [7] of this law, an employee entitled holds director of a college degree primarily in the least experienced and competent and connected to the Prime institution . Chapter V of the Commission consider the families of the martyrs requests Article 9 First: - form in the organization committees in Baghdad and the provinces of each committee are called by the committee to consider the families of the martyrs requests] consists of: a judge of the families of the martyrs to be nominated by the Supreme Judicial Council and when it is not provided by the human rights of the families of the martyrs and has experience of not less than five years ... president. b three representatives of the institution hold a university degree ... initial members. c. a representative of the board of the popular crowd ................ ......................... ... members. Second: - The Committee shall consider the families of the martyrs requests within three months from the date of submission for the purpose of including them in the provisions of this report law. Third, take the committees decisions by majority and when a tie is likely to side, who voted with the President. Fourth: - the provisions of the Code of Civil Procedure No. committees apply [83] of 1969 and Evidence Act No. 107 of 1979 and amendments thereto and any law has to do its job to prove certificate. Fifth: the right to those who rejected the appeal from the decision of the committees formed under Section [first] of this article before a Committee within a maximum period [60] Sixty days from the date Althblg decision. Sixth: - form a committee to appeal, headed by a judge nominated by the Supreme Judicial Council and the membership Four of the institution's staff hold a university degree preliminary, task considering the appeals of those who refused their requests from the committee formed according to item [first] of this Article. VII - those who refused his application of appeal committee issue according to item [VI] of this Article, the right to appeal In its decision to the Supreme Administrative Court after [60] Sixty days from the date Althblg the outcome of the appeal and the decision shall be prohibited. Eighth: - the committee required under Section [first] of this article to reconsider its decision and the decisions of the previous committees at the request of the President of the Foundation in the event of availability of facts and gripping identity in favor of the resolution adopted by the violation of the law. IX: - Any interested party may request reconsideration of the decisions made pursuant to the provisions of Law No. 3 of 2006, as amended and was contrary to the provisions of this law. Tenth: - withdraw the rights and privileges granted under the provisions of This law shall be returned to the budget of the organization right from the feet gripping forged or follow illegal means to establish the fact of martyrdom and being one of the families of the martyrs. eleventh: - The Committees problem in paragraph [first] of this Article shall submit its decisions to the president of the Foundation for approval within a period of [30] thirty days from the date of issuance of the decision. twelfth: - work the problem of special committees continue according to Law No. 3 of 2006 the rate until the formation of the committees set forth in this law. Chapter VI of financial resources Article 10 financial resources of the Foundation consist of the following: - First: - the financial institution's budget, operational and investment, enjoy financial autonomy and is funded centrally from the public treasury Federation. Second: - the institution cash resources and other in-kind include the following: - (a) grants, donations and grants from inside and outside Iraq. b - the proceeds of the investment projects of the institution. Thirdly: - set up a fund so-called martyrs Fund] and is funded by government grants grants, donations and endowments to finance investment and social projects. Fourth: - obliges the Ministry of Finance to allocate specific to each segment of the slide set forth in items balancing [II] and [III] and [IV] and [VIII] of article [7] of the Act. Fifth: - Enterprise accounts are subject to control and audit the Office of Financial Supervision Chapter VII provisions of the martyr Article 11 First: - (a) deserves those with the martyr, who was an associate of the government departments receive a pension equivalent to the salary and allowances peers ongoing on the job, according to the salary scale in force or any ladder or superseding law of the salary and allowances, given the time between the date of his arrest or assassinate him or the date of decision of the referee or the history of martyrdom and to achieve the highest amount of time that determined by the Committee and the date of entry into force of this law effective service for the purposes of the premium and promotion, promotion and retirement. B - worth people with martyr is affiliated with the Chambers of the state pension equivalent to three times the minimum pension provided for in the Unified Retirement Law No. 9 for the year 2014 or any superseding law. T - is paid for with the martyr mentioned in paragraph A. of item [first] of this article top salary provided for in paragraphs [a, b] of this article. II (a) of covered by the provisions of this law combine maturity of the allocated pension in accordance with the provisions of this law and the career of his salary or pension or salary welfare or any pension share or any other salary for a period of [ 25] Twenty-five years from the date of entry into force of Law No. 3 of 2006 amended b - exchange pension lasts an exception to the provisions of subsection [Second / a] for each of: 1 - my parents Martyr and his wife. 2. children of the martyr or brothers or sisters or children of the son or the children of the girl, according to the maturity of the people with special needs. 3. Girls martyr or sisters or daughters son or daughters of the girl and by maturity unmarried and non-employees and re-pension at the end of the marital relationship. T - If you turn exchange pension of a target groups for any reason, re-distribution of his pension evenly over the remaining two of them. w - for covered by the provisions of this law right to choose the highest salary among the maturity of the pension of the martyr and any salary last earned after the end of the period specified in paragraph [a] of the second clause of this article. Article 12. First: - in the event of the death of my father Martyr eligible bachelor transferred the rights and privileges granted to people with martyr to his brothers and sisters. Second: - if the Martyr married more than one wife enjoyed every one of his wives and deserving of his children them the same rights and privileges granted to the wife the one under the provisions of this law. Third: - the distribution of the pension to the beneficiaries of the provisions of this law and according to the following: - A-both my father Martyr non-staff and wife of the martyr non-employee and non-married to a pension equivalent to two portions of the share of each One of the sons and daughters of the martyr. b - the wife of the martyr unmarried and has no children from him and my father Martyr are dead distract her half the pension in accordance with the provisions of this law and the other half to the brothers and sisters of the martyr evenly distributed among them. Article 13 first - devoted to the wife of the martyr and his children housing units or piece of residential land with the allocation of a piece of residential land to the parents of the martyr in the case of allocation of a piece of land for those with martyr appropriate real estate amount of the grant is paid and as determined by the Council of Ministers granted a loan of real estate in the event of build. Secondly - excluded those with the martyr when allocating a piece of land and the granting of the loan of the following: - A hometown and take into account the places of residence time of allocation. (B) of the Revolutionary Command Council resolution [dissolved] No. [120] for the year 1982. c controls the Land Bank and the Bank of housing from the fact that free piece. D- there is more than one beneficiary in Sindh. c table submission and receipt. Thirdly - in the case of the unwillingness of those martyred in the housing unit or a piece of land pays them valued at the prevailing market obliges the Ministry of Finance to fulfill for payment to be considered debt or payable benefits According to the data, the numbers provided by the institution. IV borne by the institution meet the loans received from Before covered by the provisions of this law from a bank [housing fund and real estate] for those who received a piece of land from the date of entry into force of Law No. 3 of 2006 and for one time only. Article -14- obliges the Ministry of Finance to allocate the necessary funds in the annual federal budget for the disbursement of the housing unit allowance and grants Real Estate For families of the martyrs, according to data available in the Martyrs Foundation. 15. Article I. - The Foundation by direct implementation or contracting the construction of residential units covered by the provisions of this law based on his request and have him for free. Second, the Ministry of Construction and Housing and Municipalities and Public Works and Ministry of Finance and the Secretariat of Baghdad and the municipalities of the provinces to allocate plots of land in good places Foundation is building housing units on what Trovernm create architectures her. Thirdly - for the families of the martyrs priority in the allocation of land as well as for the construction of residential complexes them to other ministries, including the candidate lands to be used as an investment opportunity of the National Investment Commission. Fourthly - obliges the Ministry of Finance to allocate the necessary funds to compensate the families of the martyrs for the purpose of establishing complexes and condominiums. V. - obliges the Ministry of Planning to approve the establishment of residential complexes and other investment projects projects within the investment plan for the Martyrs Foundation. Article -16- enjoy the same family in case there is more than a martyr has the following rights: - First: - added ratio [50%] fifty percent of the outstanding salary, which proved to people with Martyr and other financial privileges for each martyr. Second: - the allocation of housing units over an area of ​​[50%] fifty per cent for each martyr of the total residential area of ​​the unit that offers for people with one of the martyr or the allocation of housing units and by maturity In case of allocation of a piece of residential land it must be an area larger be increased by [50%] fifty per cent for each martyr of the piece dedicated to people with one martyr or specialty area of ​​more than a piece Residential land and by maturity. Third: - in the case of non-receipt of my father martyr for a piece of land or a cash allowance or housing unit because of death goes right to receive the brothers and sisters. Madh- 17. First: - introduces the Order of the so-called [Sam certificate donated for people with martyr by President of the Republic determines the shape and measurements and how to give him and his privileges system within a maximum period of six months from the date of entry into force of this law, the recommendation of the institution. Second: - each of harm to the sanctity and status of martyrs or punished deny the sacrifices the penalties provided for under the provisions of Article [372] of the Penal Code No. [111] of 1969, as amended. Third: - exempt the legacy of the martyr of inheritance provided for tax in the tax law of inheritance number [64] of 1985 [repealed] cases cited the incident during a period of force and recover amounts legacies updated tax on such cases before the enforcement of this law. Fourth: - obliges ministries and departments not associated with the Ministry on the transfer subject to the provisions of this law mainly financial allocation, depending on experience and competence of the ministry, which wants to move it obliges the Ministry of Finance to conduct the deletion and development direct head of the ministry or the exposed side is associated with the Ministry of judicial provisions laid down in the provisions of Article [329] of the Iraqi Penal Law No. 111 of 1969, as amended, in the event of failing to implement the provisions of Item IV of this article. Fifth: - requiring all ministries and departments not associated with the Ministry to allocate not less than 15%] Fifteen percent of grades segments families of the martyrs provided for in this law excludes families of the martyrs covered by the provisions of this law from the maximum age for recruitment and the Ministry of Finance implement that when staffing prepare each year with compel the ministries to submit an annual revealed this to the Committee of Martyrs and victims and political prisoners in the House of Representatives. Sixth: - institution bears transport fares for those martyred in planes, trains and cars in the inside and outside of the Republic of Iraq, back and forth for the purpose of treatment or education. Seventh: - specialization ratio of not less than [10%] Ten percent of seats exception of conditions and specific instructions for acceptance in the primary and graduate of the families of the martyrs, including at least one seat in each competence and be competitive on the seats among themselves majoring ratio [10%] ten percent for those with the martyrs of the popular crowd as follows: - (a) graduate, missions, fellowships and scientific initiatives of the Ministry of Higher Education and Research scientific and other government agencies for the initial university studies the morning and evening. T - Studies in the civil, military, judicial and security institutions in all ministries and government institutions. Eighth: - obliges the Ministry of Higher Education and Scientific Research, giving priority to those with the martyr in the case of the competition for one seat in each competence. Ninth: - obliges ministries and departments not associated with the Ministry to approve the granting of school holidays for Graduate Studies of the covered by the provisions of this law. Tenth: - institution bears government and private studies by wages [50%] fifty per cent in the least covered by the provisions of this law of non-employees to bear The Ministry of Higher Education and Scientific Research and Technology proportion of [50%] fifty percent for the remainder of wages covered by the provisions of this law to government studies either employees of the families of the martyrs Vtaathml their constituencies tuition fees. eleventh: - relieved covered under the provisions of this law from the requirement age and average service of acceptance in government and private institutions of primary and graduate studies inside and outside of the Republic of Iraq and regulations and instructions of the Ministry of Higher Education and Scientific Research of the conditions of admission in the primary and graduate studies for graduates of technical institutes and vocational education and they have the right to choose in human studies. twelfth: - the institution develop programs initial university studies The Supreme outside Iraq, according to the norms issued by the President of the Foundation. thirteenth: - obliges the board of the Hajj and Umrah to allocate at least 5% [] five percent of Hajj seats annually institution and bear ratio [50%] fifty percent at least of the costs of the pilgrimage and the proportion of 5% [ ] five percent for those with the martyrs of the popular crowd. Fourteenth: - obliges the Ministry of Education and Higher Education and Scientific Research to prepare a curriculum-called crimes of the Baath Party] for the purpose of teaching at all academic levels. Fifteenth: - requiring all ministries and departments affiliated third parties and bodies and institutions linked to the Ministry and all the provinces showing the Baath Party of crimes during the events and mechanisms in coordination with the Martyrs Foundation. Sixteenth: - For covered by the provisions of this law, recipients of other certificate equal to or higher than appointed by the certificate after appointment right change career title according to testimony obtained an exception from the laws in force, taking into account Article [20] of the civil service code number [24] of 1960 average . Seventeenth: - excludes families of the martyrs covered by this law from the requirement to stay abroad for a research doctorate from discreet international universities recognized by the Ministry of Higher Education and Scientific Research After earning a master's degree. Chapter VIII General Provisions Madh- 18. First - with that of martyr for their rights under this law does not fall right to claim any other rights under the provisions of civil and criminal responsibility according to the law. Second: - exempt with Martyr treatment in the event of their achievement allocated to them or their designated building land real estate registration of the property in accordance with the provisions of this Act or waiver between them from taxes and duties stipulated in all laws. Third: - distributed prescribed in this law on the rights of eligible evenly. Fourth: - obliges the Ministry of Finance and all ministries and departments not associated with the Ministry regardless salaries accumulated martyr who was on the owners from the date of disconnection job where he worked includes the martyrs of the non-staff salaries accumulated similar to their counterparts of the martyrs staff and by age and educational attainment and years of martyrdom. Material - 19. commits the organization to appoint families of the martyrs of exclusively covered by the provisions of this law. Article 20 First: - the institution shall be exempted from duties and taxes and legal fees Second: - relieved covered under the provisions of this law of taxes and fees that have them as a result of the sale and purchase role and land exclusively if the buying and selling between the families of the martyrs and for one time. Third: - Associates of the Foundation shall be subject to the provisions of the Civil Service Law No. [24] of 1960 and the law of the angel number [25] of 1960 and the law of the discipline of state employees and the public sector number [14] of 1991 and the Law on the Unified Retirement No. 9 for the year 2014 and the Law on salaries of state employees and the public sector No. [22] for the year 2008 or any other law to replace the above-mentioned laws above. Fourth: - treat the institution staff treated body that are connected by the institution Fifth: - workers in the enterprise piece of residential land staff grant an exception to the regulations and instructions of the Ministry of Construction and Housing, Municipalities and Public Works in this regard Sixth: the right of the employee with the martyr continue in service until the age of eighth and sixty years of age [68] Year exception of the provisions of the Unified Retirement Law No. 9 for the year 2014 or any superseding law regardless of their length of service. Seventh: - 1. If the martyr stood employee legal age for retirement before the enforcement of Law No. 3 of 2006, the rate is expended to his family all pensions earned by Martyr Koqranh revival under the Unified Retirement Law No. 9 for the year 2014 or any superseding law obliges the board of retirement National drainage. 2. gives those with retired martyr who has been stopped his salary after or before cite all pensions under the Unified Retirement Law No. 9 for the year 2014 to be the calculation from the date of stopping the pension until the effective date of this law, taking into account the application of paragraph [a] of the item Secondly, Article 16 of this Law. 3. those with retired Martyr, which was forwarded to retire before reaching the legal age of retirement all functional Roatbh calculation to be forwarded from the date of retirement until he reaches the legal age for retirement is committed to the ministry where he worked, regardless Roatbh grants. Eighth: - obliges the Ministry of Health to give priority consideration to patient files from the families of the martyrs by medical committees and send them to the outside of the Republic of Iraq for medical treatment during a period not exceeding [30] days. Ninth: - excludes those with the martyr of non-Iraqis from their access to Iraqi nationality condition and have all the benefits and privileges under this law.


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Rocky


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